1. (1) Terms used in this rule are defined in Sections 53-8-102, 53-8-202, and the Federal Motor Carrier Safety Regulations contained in Subchapter B, Chapter III, Subtitle B of the Code of Federal Regulations Title 49 - Transportation.

2. (2) In addition:

   1. (a) "agency action" means a written warning, suspension, revocation, or denial applied against a certification, license, or application;
   2. (b) "applicant" means a person who has applied to the division for a permit or certificate;
   3. (c) "certificate" means the authorization for a safety inspector to conduct safety inspections;

   4. (d) "conviction" means an adjudication of guilt regarding criminal conduct, including:

      1. (i) a finding of guilt by a court or a jury;
      2. (ii) a guilty plea;
      3. (iii) a plea of nolo contendere; or
      4. (iv) a plea which is held in abeyance pending the successful completion of a probationary period;
   5. (e) "division" means the Vehicle Safety Inspection section of the Utah Highway Patrol;
   6. (f) "fleet station" means a station that only conducts safety inspections on vehicles that are owned or leased by the same company that owns the station;
   7. (g) "inspection certificate" means the certificate of inspection given when a vehicle passes or fails the requirements of the inspection program;

   8. (h) "licensee" means a person who has been granted a permit or certificate by the division;

      1. (i) "OEM" means original equipment manufacturer;
   9. (j) "online inspection program" means the web-based inspection program used to record safety inspections;

   10. (k) "permit" means the authorization for a person to operate a station;

       1. (l) "revocation" means the permanent deprivation of a certificate or permit;
   11. (m) "inspector" means a person with a valid certificate who is employed by a licensed station;
   12. (n) "station" means a business or government facility located in Utah that is managed or operated by a valid permit holder and conducts safety inspections;
   13. (o) "suspension" means the temporary deprivation of a certificate or permit;
   14. (p) "sticker" means a safety inspection sticker distributed by the division to a station which affixes it to a vehicle with a gross vehicle weight rating of 26,001 pounds or more, or is equipped with an air braking system regardless of weight rating, when that vehicle meets the safety inspection requirements;
   15. (q) "sticker report" means the document of inspection given when a vehicle with a gross vehicle weight rating of 26,001 pounds or more, or a vehicle equipped with an air braking system regardless of weight rating, fails or meets the safety inspection requirements; and
   16. (r) "Utah Interactive" means the company that has contracted with the division for the setup and facilitation of the online inspection program.

KEY: motor vehicle safety, inspections

Date of Last Change: May 23, 2023

Notice of Continuation: June 1, 2022

Authorizing, and Implemented or Interpreted Law: 53-8-204